Hunt v. Tribune Publishing Co.

Plaintiff sued the defendants for damages sustained as a result of their printing and circulating an allegedly libelous article in their newspaper. The ease came on for trial and the court sustained defendants’ demurrer to plaintiff’s evidence.

Plaintiff appeals by transcript containing none of the evidence, contending that the court erred in sustaining defendants’ demurrer to the evidence. The defendants filed a motion to dismiss this appeal, on the ground that plaintiff failed to file a motion for new trial in the lower court.

Such failure to file motion for new trial is fatal to this appeal,…